HomeMy WebLinkAbout2025-04-03 Windward Planning Commission MinutesPage 1 of 8
Windward Planning Commission
April 3, 2025, Minutes
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
MINUTES
APRIL 3, 2025
A video recording is made part of these minutes, which can be viewed on the YouTube County of
Hawai‘i Planning Department channel at
https://www.youtube.com/live/rGZ3pthxISk?si=CeTFAOUwPKuBr3a6&t=259
Timestamps are provided for reference in accordance with the provisions of Chapter 92, Hawai‘i
Revised Statutes. In the event the video recording becomes unavailable at the above-mentioned
URL address, the public can contact the Planning Department for assistance.
The Windward Planning Commission met in regular session on Thursday, April 3, 2025, at
9:01 a.m., in the County of Hawai‘i, Council Chambers, located at 25 Aupuni Street, Hilo,
Hawai‘i, with Chairman Louis Daniele III presiding. This meeting was streamed live on
YouTube. [SEE YOUTUBE TIMESTAMP 4:15]
COMMISSIONERS PRESENT: Louis Daniele III (Chairman), Chantel Perrin (Vice Chair),
Lauren Balog, Wayne De Luz, and JoNelle Fukushima.
COMMISSIONER ABSENT AND EXCUSED: Gordon Takaki.
ALSO PRESENT: Suzanna Tiapula, Esq. (Counsel to the Commission), Jeffrey Darrow
(Planning Director), and Planning Department staff.
Two individuals from the public were in the audience. With a quorum present, Chairman Louis
Daniele III introduced the Commission and staff.
At 9:02 a.m. Chairman Louis Daniele III asked the Commissioners to confirm they had reviewed
all materials, including written public testimony related to the applications being reviewed today.
Each Commissioner verbally confirmed they had done so. He then made a few housekeeping
announcements, reminding attendees to silence their cell phones and noting the location of the
public restrooms. He also instructed anyone wishing to testify to complete the yellow sign-up
form at the staff table and submit any written testimony not previously submitted. [SEE
YOUTUBE TIMESTAMP 5:43]
APPROVAL OF MINUTES
At 9:03 a.m. the Commission addressed the verbatim meeting transcripts of September 5, 2024,
November 1, 2024, ad December 5, 2024, relating to the application of Niel Jayasinghe
(PL-SMA-2024-000060). No corrections were offered. Vice Chair Chantel Perrin moved to
approve the minutes as circulated, with Commissioner JoNelle Fukushima seconding the motion.
A voice vote was taken, and the motion carried unanimously. [SEE YOUTUBE TIMESTAMP
6:54]
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Windward Planning Commission
April 3, 2025, Minutes
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
At 9:06 a.m. the Commission addressed this item with two public members present in the
Council Chambers. Chairman Louis Daniele III explained that public testimony would begin
with in-person speakers, followed by Zoom participants, and would continue until all had been
heard. Testifiers were given the option to speak at this time or later when the specific agenda
item was called. He reminded everyone to keep their testimony respectful, noting that personal
attacks and disruptive behavior would not be permitted and could result in testimony being
paused or ended to maintain decorum. He also stated that testimony would be limited to three
minutes and encouraged participants to respect the time limit to ensure as many voices as
possible could be heard. [SEE YOUTUBE TIMESTAMP 9:22]
There were no in-person or Zoom testifiers for this agenda item.
NEW BUSINESS
1. APPLICANT: CORREA OHANA LLC (PL-REZ-2024-000071)
Application for a Change of Zone from a Single-Family Residential-10,000 square feet
(RS-10) zoning district to a General Commercial-10,000 square feet (CG-10) zoning
district for 33,180 square feet of land. The subject property is located at 1198 Kino‘ole
Street, approximately 200 feet north of its intersection with Kamana Street, Waiākea
House Lots 2nd Series, Waiākea, South Hilo, Hawai‘i, TMK: (3) 2-2-022:022.
The Commission began this item at 9:08 a.m., with two members of the public in attendance.
[SEE YOUTUBE TIMESTAMP 11:15]
Chairman Louis Daniele III announced this agenda item was deferred at the request of the
applicant.
There were no testifiers in-person or via Zoom for this agenda item.
This hearing item concluded at 9:08 a.m.
2. APPLICANT: L.A. SERVICES INC. (PL-REZ-2024-000069)
Application for a Change of Zone from a Single-Family Residential-10,000 square feet
(RS-10) zoning district to a Village Commercial-10,000 square feet (CV-10) zoning
district for a 6,920.3-square-foot portion of a 25,955.4-square foot parcel. The subject
property is located at 95-5591 Māmalahoa Highway, at the southwest corner of its
intersection with Pua‘ala Place, Nāʻālehu Village, Portion of Kaunāmano, Ka‘u, Hawai‘i,
TMK: (3) 9-5-009:001(por.).
The Commission began this item at 9:08 a.m., with two members of the public in attendance.
[SEE YOUTUBE TIMESTAMP 11:23]
Jessica Andrews gave the staff presentation. [SEE YOUTUBE TIMESTAMP 12:46]
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Windward Planning Commission
April 3, 2025, Minutes
Aric Koerte of Mana Land Consultant LLC, representing Applicant L.A. Services Inc., stated
that the application is subject to the Department of Water Supply requirements and
acknowledged that the current water supply at the site is insufficient to support a fire suppression
system. He also mentioned that in the future, they would like to explore options for rezoning the
property without requiring a fire suppression system. [SEE YOUTUBE TIMESTAMP 19:28]
Chairman Louis Daniele III then opened the floor for the Commission to ask questions of the
applicant and Planning Department staff. [SEE YOUTUBE TIMESTAMP 20:04]
Vice Chair Chantel Perrin asked the applicant to explain the purpose of the rezoning application.
The applicant representative, Aric Koerte responded that the parcel was originally two separate
lots, one which was non-conforming, zone RS-10, and only 6,900 square feet. To address this,
the two parcels were consolidated to create conformity and with the intent to rezone both to CV-
10. Vice Chair Chantel Perrin followed up by asking what the intent was behind consolidating
the parcels. Mr. Koerte explained that it was done with the possibility of developing a structure
on the rear that would not require a fire suppression system, possibly something like fuel pumps.
[SEE YOUTUBE TIMESTAMP 20:17]
Planning Director Jeffrey Darrow stated that this is a situation the department encounters
occasionally. When a rezoning application is submitted, there are specific criteria and conditions
that must be met before the Planning Department can recommend approval to the Commission
and County Council. He explained that one key criterion comes from Section 25-2-46 of the
Zoning Code, under Concurrency Requirements. This section requires that adequate
infrastructure be in place to support higher density uses resulting from a zoning change. One of
the main infrastructure considerations is water, as outlined in subsection (m), which was
addressed in the recommendation which he cited. Planning Director Jeffrey Darrow suggested
that the applicant not proceed with the request based on the criteria. He recommended working
with the Department of Water Supply to explore options for improving the system so the
additional 6,000 square feet can be included as part of the property. He also clarified that the
water requirements cannot be waived and are the basis for the department’s unfavorable
recommendation. [SEE YOUTUBE TIMESTAMP 21:25]
Chair Louis Daniele III asked the applicant’s representative whether Puaʻala was a two-lane road
or considered a one-lane road. In response, Aric Koerte stated that he did not know what the
definition would be for that road. I know it’s about 15 feet in width. [SEE YOUTUBE
TIMESTAMP 25:35] Chair Louis Daniele III followed by stating that he was considering traffic
in the area, noting it gets congested due to parking on one side of the road. In response, Mr.
Koerte explained that, on the other hand, it helps alleviate traffic in front of the gas station,
which often experiences backups from vehicles waiting to fuel. He added that the client is trying
to redirect the traffic flow to the rear of the parcel.
Vice Chair Chantel Perrin restated that Mr. Koerte had just mentioned the client is trying to
move the traffic from the front to the back of the parcel, and asked, “So, what’s currently taking
place there on the parcel?” Mr. Koerte responded that there are fuel pumps on the parcel, as it is
a gas station serving Nā‘ālehu, and he believes it is one of the only gas stations available in the
area. He explained that due to traffic concerns along the highway, congestion occurs when it gets
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Windward Planning Commission
April 3, 2025, Minutes
busy. To help alleviate that congestion, they are proposing to shift the traffic flow to the rear of
the parcel, with the possibility of installing one or two pumps in the back at a future date.
Vice Chair Chantel Perrin followed up by stating that there appear to be potential plans and
processes under consideration, but they are not included in the current application. Mr. Koerte
responded that it is not feasible to include those plans at this time due to water concerns, and that
it would not be cost-effective for the client to update the infrastructure. [SEE YOUTUBE
TIMESTAMP 26:50]
There were no in-person or Zoom testifiers for this agenda item.
Action: Vice Chair Chantel Perrin moved, and Commissioner JoNelle Fukushima seconded, that
an unfavorable recommendation be forwarded to the County Council on Change of Zone
Application No. PL-REZ-2024-000069, on the basis the application fails to meet concurrency
standards for water as required by Section 25-2-46 of the Zoning Code. [SEE YOUTUBE
TIMESTAMP 28:52]
During discussion Vice Chair Chantel Perrin asked if changing the zoning to CV would increase
the property value, and, in turn, raise property taxes for the surrounding community since it
would become a commercial parcel. Planning Director Jeffrey Darrow responded that it likely
would, but the property value and taxes are not part of the approval criteria. He explained that
what matters is whether there are clear plans for the property, and in this case, none were
provided. He added that even something like using the area for a parking lot would have helped.
Vice Chair Chantel Perrin expressed concern that the property value might go up, impacting
neighbors, while the lot sits vacant and doesn’t contribute to the community. Planning Director
Jeffrey Darrow replied that the lot is currently zoned residential and reiterated that if the
applicant provided a specific plan, such as for parking, it may have helped. However, the criteria
for a favorable recommendation are strict. He again suggested the applicant consider
withdrawing the request and working with agencies, particularly the Department of Water
Supply, to find a solution before resubmitting with a clearer proposal. [SEE YOUTUBE
TIMESTAMP 29:48]
With no further discussion, a roll call vote was taken. The motion carried with five ayes (Perrin,
Fukushima, Balog, De Luz, and Daniele), no noes, and one excused (Takaki). [SEE YOUTUBE
TIMESTAMP 33:30]
This hearing item concluded at 9:32 a.m.
3. APPLICANT: ATLAS SURREY LLC (PL-SMA-2025-000071)
Application for a Special Management Area Use Permit to construct a two story, 2,560
square-foot single-family residence with five bedrooms, three bathrooms, and related
improvements on a 1.998-acre shoreline parcel within the Special Management Area.
The subject property is located approximately 1,300 feet north of Hakalau Bay on the
makai side of Hawaiʻi Belt Road, Kamaee & Wailua Government Tract, North Hilo,
Hawaiʻi, TMK: (3) 3-1-001:011.
This item was deferred at the applicant’s request.
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Windward Planning Commission
April 3, 2025, Minutes
4. INITIATOR: PLANNING DIRECTOR (PL-PDI-2025-000014)
The Planning Director has initiated an ordinance to amend Chapter 25 (Zoning),
Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaiʻi County Code 1983
(2016 Edition, as amended), relating to zoning district regulations for meeting facilities,
community buildings, and churches, temples and synagogues. The purpose of this bill
is to remove the definitions and references to churches, temples, and synagogues and
community buildings and consolidate them under meeting facilities and establishes
standards for their development to ensure equitable treatment in the Zoning Code.
The Commission began this item at 9:33 a.m., with one member of the public in attendance.
[SEE YOUTUBE TIMESTAMP 34:21]
Tracie-Lee Camero gave the staff presentation. [SEE YOUTUBE TIMESTAMP 36:26]
Chairman Louis Daniele III then opened the floor for the Commission to ask questions of the
Planning Department staff. [SEE YOUTUBE TIMESTAMP 47:59]
Commissioner JoNelle Fukushima stated with the proposed Zoning Code revision that would
include secular activities as “meeting facilities,” how do you think the difference between a
“meeting” and an “event” might affect residential neighborhoods? And what steps can we take
to make sure that the number and type of secular events don’t negatively impact the quality of
life for nearby residents? [SEE YOUTUBE TIMESTAMP 47:59]
Planning Director Jeffrey Darrow explained that events are not allowed in residential zones
under the proposed changes. If you look at the bill, you'll see that “meeting facilities” can
include events, but only in certain zones. In residential areas like RS, RD, and RM, that option
isn’t even available. He said the Planning Department often gets complaints about large
gatherings like birthday parties, football watch parties, or bible studies. They wanted to find a
balance so that people wouldn’t need to get a permit just to have a private gathering. That’s why
they added a limit. If there are more than 25 people and it happens more than twice a week, then
it’s considered a “meeting facility,” and the person would need to apply for Plan Approval
through the Planning Department.
He also gave some background: a few years ago, they got complaints about a religious use in a
residential area. After inspecting, they found that a religious facility was operating without the
required Use Permit. They issued a violation notice, but the group didn’t complete the Use
Permit process. Then a lawsuit was filed, arguing that the Zoning Code was discriminatory
because religious uses needed a Use Permit, while similar uses like community buildings or
meeting facilities had fewer requirements. To fix this, they revised the rules so that all similar
uses religious or not are now grouped under the term “meeting facility.” These facilities will
now just need Plan Approval, which is simpler and doesn’t require a public hearing or Planning
Commission approval. He said this change is meant to bring fairness and clarity to how different
types of gatherings are treated in the zoning rules. [SEE YOUTUBE TIMESTAMP 51:32]
Vice Chair Chantel Perrin asked why the number was set at 25, noting that just her children and
their spouses add up to 27. Planning Director Jeffrey Darrow responded that the number 25 was
the result of discussions, some people suggested more, some less and they ultimately agreed on
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Windward Planning Commission
April 3, 2025, Minutes
25. He stated if the Commission feels that number is too low, they can recommend increasing it.
[SEE YOUTUBE TIMESTAMP 56:36]
Vice Chair Perrin asked if the Planning Department could explain why the proposed
amendments remove the requirement for public hearings or neighbor notifications when a
religious or secular meeting facility is added to a residential neighborhood. [SEE YOUTUBE
TIMESTAMP 58:23] Planning Director Jeffrey Darrow explained that the goal of the
amendment is to create a fair and consistent process for all types of uses whether it’s a
community building, meeting facility, or religious institution like a church, temple, or
synagogue. The problem in the past was that these uses were treated differently, which led to
legal challenges. This proposal aims to make the process uniform. He said that, after
discussions with all parties involved, they agreed on using the Plan Approval process instead of
requiring a public hearing or Use Permit. However, if the Commission or Council decides that a
Use Permit should be required for all meeting facilities, that could still be changed. The focus,
he emphasized, was on consistency. This is the process they’re recommending now, but it’s
ultimately up to the Commission and Council to decide whether or not to approve it. [SEE
YOUTUBE TIMESTAMP 58:46]
At 10:01 a.m. the Chair called a recess, and the hearing reconvened at 10:08 a.m. [SEE
YOUTUBE TIMESTAMP 1:02:12]
One individual provided in-person testimony:
1. Claudia Rohr [SEE YOUTUBE TIMESTAMP 1:10:12]
There were no Zoom testifiers for this agenda item.
Questions from the Commission to the Planning Department staff resumed.
Vice Chair Chantel Perrin asked why a Use Permit is still required for meeting facilities in
agricultural zones, but not in residential zones where homes are closer together and potential
impacts might be more immediate. [SEE YOUTUBE TIMESTAMP 1:18:12] Planning staff
Tracie Camero responded that the approach follows the current rules for meeting facilities. In
residential zoning (RS), meeting facilities are already a permitted use. However, in agricultural
districts, they’re not automatically permitted and require a Special Permit. Churches, temples,
and synagogues also require either a Use Permit or Special Permit. They tried to align the
proposed changes with the existing Zoning Code, which is why the rules were set up this way.
[SEE YOUTUBE TIMESTAMP 1:18:39]
At 10:18 a.m. the Chair called a recess, and the hearing reconvened at 10:19 a.m. [SEE
YOUTUBE TIMESTAMP 1:20:22]
Vice Chair Chantel Perrin inquired how does the County plan to enforce the rule of 25 attendees
and two times a week? [SEE YOUTUBE TIMESTAMP 1:20:47] Director Darrow explained that
enforcement would be similar to how the Planning Department handles other complaints. For
example, they sometimes get complaints about houses being used for more than five unrelated
people, which violates the zoning code for single-family homes. In those cases, an inspector
investigates to verify if the complaint is valid. Similarly, for this rule, they would investigate the
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Windward Planning Commission
April 3, 2025, Minutes
number of people attending and the frequency of the events. If events are happening more than
twice a week, that would be considered a violation, regardless of the number of people. [SEE
YOUTUBE TIMESTAMP 1:20:57]
Planning Director Jeffrey Darrow added that Vice Chair Perrin’s concern about large families is
valid, especially in Hawaiʻi where families can be quite large. He suggested that if the
Commission agrees, they could consider adding a clarification to the rule, such as specifying that
the 25-person limit excludes family members. However, he noted that they want to avoid people
using this as a loophole for large events like weddings. He feels comfortable with the definition
of “events” and doesn’t expect family events like weddings to happen frequently, but he said it’s
something worth considering. [SEE YOUTUBE TIMESTAMP 1:23:28] Commissioner JoNelle
Fukushima liked the distinction being made, noting that Hawaiians and locals often have large
family gatherings. She mentioned that many people might not realize that large events now fall
under specific language and distinctions. In her neighborhood, people host large parties
frequently and might know they need a permit. She supported the distinction and agreed with
adding family as a consideration, since it fits with local culture. [SEE YOUTUBE TIMESTAMP
1:25:03]
At 10:26 a.m. it was moved by Vice Chair Chantel Perrin and seconded by Commissioner
Lauren Balog that the Commission go into executive session to consult with its attorney
regarding legal questions on procedure and issues pertaining to the Commission’s powers, duties,
privileges, immunities, and liabilities pursuant to HRS 92-5. A voice vote was taken, and the
motion carried with all in favor and the room was cleared. [SEE YOUTUBE TIMESTAMP
1:27:26] The Commission went into executive session at 10:28 am. At 10:31 a.m. it was moved
by Commissioner Wayne De Luz and seconded by Commissioner JoNelle Fukushima that the
Commission go out of executive session. A voice vote was taken, and the motion carried with
all in favor.
At 10:49 a.m. Chairman Louis Daniel III called the hearing back to order. [SEE YOUTUBE
TIMESTAMP 1:50:38]
Action: Vice Chair Chantel Perrin moved that a favorable recommendation be forwarded to the
County Council on the proposed amendments to Chapter 25, Zoning, Article 1, Article 2, Article
4, Article 5, and Article 7 of the Hawaiʻi County Code, 2016 Edition, as amended on PL-PDI-
2024-000014, based on the Planning Director’s recommendation including the language
referenced “exclusive of family members.” [SEE YOUTUBE TIMESTAMP 1:51:04]
Commissioner JoNelle Fukushima seconded the motion. [SEE YOUTUBE TIMESTAMP
1:51:51] A roll call vote was taken, and the motion carried with five ayes (Perrin, Fukushima,
Balog, De Luz, and Daniele), no noes, and one excused (Takaki). [SEE YOUTUBE TIMESTAMP
1:53:07]
This hearing item concluded at 10:52 a.m. [SEE HEARING TRANSCRIPT – EXHIBIT A]
PLANNING DIRECTOR’S REPORT [SEE YOUTUBE TIMESTAMP 1:53:49]
Report on Special Management Area (SMA) determinations, minor permits action issued
by the Planning Director.
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Windward Planning Commission
April 3, 2025, Minutes
At 10:52 a.m. Chairman Louis Daniele III introduced this item, noting that the Special
Management Area (SMA) determination and minor permits issued by the Planning Director for
March 2025 report had been emailed to the Commissioners. There were no questions from the
Commissioners regarding the report.
One individual in-person provided testimony on this agenda item.
1. Claudia Rohr [SEE YOUTUBE TIMESTAMP 1:55:49]
There were no Zoom testifiers for this agenda item.
AGENDA ITEMS FOR NEXT MEETING [SEE YOUTUBE TIMESTAMP 1:59:03]
At 10:58 a.m. Chairman Louis Daniele III introduced the item, and there were no comments or
matters for consideration from the Commissioners. Planning Program Manager Maija Jackson
confirmed that five agenda items are currently planned for the next meeting.
ANNOUNCEMENTS [SEE YOUTUBE TIMESTAMP 1:59:28]
Chairman Louis Daniele III announced that the Windward Planning Commission’s next regular
meeting is tentatively scheduled for Thursday, May 1, 2025.
ADJOURNMENT [SEE YOUTUBE TIMESTAMP 1:59:53]
With no further business, a motion was made to adjourn the meeting. Vice Chair Chantel Perrin
moved, and Commissioner JoNelle Fukushima seconded the motion. [SEE YOUTUBE
TIMESTAMP 2:00:00] A voice vote was taken, and the motion carried unanimously. Chairman
Louis Daniele III adjourned the meeting at 10:57 a.m.
Respectfully submitted,
Melissa Dacayanan-Salvador
Secretary
ATTEST:
Louis Daniele III, Chairman
Windward Planning Commission
' $ . . 4 ) ) Š ' 1 * - — 0 ) @ ? v A ? A D @ C w D H ˜
Pelissa GacayananValvador
Louis Daniele III (Jun 11, 2025 17:16 HST)
Oouis Ganiele LLL
Page 1 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014)
WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I
HEARING TRANSCRIPT APRIL 3, 2025 A regularly advertised hearing on the INITIATOR: PLANNING DIRECTOR (PL-PDI-2025-
000014) was heard at 9:33 a.m. in the County of Hawai‘i Council Chambers in Hilo, 25 Aupuni
Street, Hilo, Hawai‘i with Chair Louis Daniele III presiding. COMMISSIONERS PRESENT: Louis Daniele III (Chair), Chantel Perrin (Vice Chair), Lauren Balog, Wayne De Luz, and JoNelle Fukushima.
COMMISSIONER ABSENT: Gordon Takaki. ALSO PRESENT: Suzanna Tiapula, Esq. (Counsel to the Commission), Jeffrey Darrow (Planning Director), and Planning Department staff.
And approximately no public members in the audience. INITIATOR: PLANNING DIRECTOR (PL-PDI-2025-000014) The Planning Director has initiated an ordinance to amend Chapter 25 (Zoning),
Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaiʻi County Code 1983 (2016
Edition, as amended), relating to zoning district regulations for meeting facilities, community buildings, and churches, temples and synagogues. The purpose of this bill is to remove the definitions and references to churches, temples, and synagogues and community buildings and consolidate them under meeting facilities and establishes standards for their
development to ensure equitable treatment in the Zoning Code.
Secretary’s Note: [indecipherable] indicates that there were technical and/or internet difficulties, which made the conversation inaudible.
The following is when the agenda item was called at the Windward Planning Commission hearing
on April 3, 2025. [SEE YOUTUBE TIMESTAMP 34:21] YouTube: https://www.youtube.com/live/rGZ3pthxISk?si=kbdTQ0MwlFj8wc1i&t=2061 DANIELE: At this point in time, we are going to go into agenda item number four.
This is the Planning Director has initiated an ordinance to amend Chapter 25, Zoning, Article 1,
Article 2, Article 4, Article 5, and Article 7 of the Hawaiʻi County Code 1983, 2016 Edition, as amended, relating to zoning district regulations for meeting facilities, community buildings, churches, temples, and synagogues. The purpose of this bill is to remove the definitions and references to churches, temples, and synagogues and community buildings and consolidate them
under meeting facilities and establish the standards for their development to ensure equitable
treatment in the Zoning Code. And this Planning Director’s, PL-PDI-2025-14. We will now have a presentation by staff. Thank you.
Page 2 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014)
CAMERO: My apologies Chair and members of the Windward Planning Commission. So, before you today, we have the Planning Director Initiated bill relating to zoning district
regulations for meeting facilities, churches, temples, synagogues, and community buildings. The
purpose of this bill. This bill aims to correct zoning inconsistencies and ensure that religious institutions receive equitable treatment under the Hawaiʻi County’s Zoning Code. This ordinance consolidates religious institutions under the “meeting facilities” definition. Therefore, ensuring equal treatment in zoning regulations. In addition, the bill also consolidates the
overlapping term “community buildings” into “meeting facilities” for clarity and consistency.
And lastly, it introduces the term “event” to distinguish between routine facility uses from larger commercial gatherings such as weddings or concerts which may require special permits or oversights.
In addition to the purpose of this bill, this bill removes the definition of “community buildings”,
it revises the definition of “meeting facility” to include religious institutions. Introduces the term “event” to distinguish between commercial or large-scale gatherings from routine facility uses. It establishes standardized operating criteria for meeting facilities, including limitations on hours of operation and attendance capacity. It requires technical review of proposed meeting facilities
by applicable county and state agencies, and it amends the permitted uses for meeting facilities
across all zoning districts. So, the background. The federal government enacted —
DANIELE: Just speak a little slower, please.
CAMERO: Slower? DANIELE: Yeah.
CAMERO: Okay. My apologies. DANIELE: Thank you.
CAMERO: So, the background on the bill. The federal government enacted the
Religious Land Use and Institutionalized Persons Act of 2000 also known as RLUIPA in part to protect religious organizations and individuals from discriminatory land use regulations. In February of 2024, the Chabad Jewish Center and Rabbi Levi Gerlitzky filed a lawsuit against the Hawaiʻi County, claiming the zoning code discriminates against religious institutions by
requiring them to obtain use permits in residential zone, while secular meeting facilities can
operate by right. The U.S. Department of Justice filed a statement in the lawsuit in March of 2024, alleging that the County’s code violates the RLUIPA equal terms provision by treating religious uses less favorably than comparable secular uses. The Planning Director is therefore proposing amendments to the Hawaiʻi County Code to classify religious institutions as meeting
facilities, aiming eliminate any zoning disparities, ensure RLUIPA compliance, and promote
clear, fair land use standards.
Page 3 of 14 Windward Planning Commission April 3, 2025 Hearing Transcript-Exhibit A (PL-PDI-2025-000014)
Beginning with the proposed amendments we have the first relating to definitions. The following definitions is proposed to be removed from Section 25-1-5(b) and that is the definition
of “community building”. The reason for this amendment is so that by removing the
“community building” definition this will simplify the zoning code by eliminating redundancy. In addition, the definition of “meeting facility” is proposed to be amended as follows. “Meeting facility” will now mean a facility or building site that is used for recreational, social, or multipurpose use, and may include a kitchen but has no transient accommodations. Typical uses
include private clubs, union halls, cultural community and association centers, religious facilities
such as places of worship, and student centers. This does not include schools or events. In addition, the following definition is proposed to be added to Section 25-1-5(b) and that is the definition of “event”. An “event” will mean a assembly, generally by invitation or ticket
purchase that extends beyond the typical meeting facility or residential use, including but not
limited to commercial weddings, wedding receptions, promotional events, and concerts. The reason for this amendment is that it adds clarity by distinguishing routine meeting facility uses from larger commercial gatherings. This ensures that activities like weddings, receptions, and concerts are properly regulated and not automatically permitted as a part of a meeting facility.
The proposed amendments relating to plan approval. To establish specific procedures for the Director’s review and decision-making on plan approval applications, Section 25-2-71(c) is amended to read as follows. Plan approval shall be required in all applicable districts prior to the construction or establishment of the following improvements and uses. These will require
“meeting facilities” as permitted under Section 25-4-17 and “events” as permitted under Section
25-5-42 will now require a plan approval. The reasons for this amendment. This amendment clarifies that plan approval again is required before “meeting facilities and events” are established therefore, ensuring proper land use oversight and compliance with zoning regulations.
In addition, the proposed amendments relating to plan approval requirements for “meeting facilities” include the following section which is proposed to be added and that is Section 25-4-17 newly labeled as “Meeting Facilities”. Letter (A), a meeting facility can be established within a new or existing structure or on a building site for recreational, social, cultural, or multipurpose
use. The facility may include a kitchen. (B) a meeting facility may be used for organizations
operating on a membership basis for the promotion of members’ mutual interests or may be primarily intended for community purposes. (C) a meeting facility only applies on building sites that have gatherings more than two times per week with more than twenty-five (25) attendees. Continued letter (D) the hours of operation for meeting facilities shall start no earlier than 8:00
a.m. and ends no later than 9:00 p.m. Letter (E) a meeting facility can be established in a zoning
district that permits such use, provided that the Director has issued a plan approval. And letter (F) a meeting facility shall be subject to technical review by the County Department of Public Works, County Fire Department, County Water Department, and/or the State Department of Health for compliance with current code and rule requirements.
Up on your screen, I decided to show you guys the zoning use comparison table by district which will show you that in the zoning district RS, RD, RM, and RCX a meeting facility is currently an allowed permitted use. Meeting facilities including events will not be permitted. Community
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buildings will therefore be removed and churches, temples, and synagogues will be removed from the Use permit requirement. In the zoning district RA, FA, and A meeting facilities will be
allowed via a Special Permit or Use Permit based on their State Land Use designation. Meeting
facilities including events will also be allowed via a Special Permit or Use Permit. Community buildings are being removed, and churches, temples, and synagogues are removed as a Use Permit or a Special Permit. In the IA district meeting facilities are allowed via a Special Permit. Meeting facilities including events are also allowed as a Special Permit. Community buildings
are being removed, and churches, temples, and synagogues are removed as a Special Permit as
well. Within the V, CN, CG, CV, MCX, and CDH zoning districts meeting facilities will also be allowed as a permitted use. Meeting facilities including events will be allowed as a permitted
use. Community buildings, churches, temples, and synagogues will be removed. In the ML and
MG meeting facilities will be allowed as a permitted use. Meeting facilities including events will be allowed as a permitted use only in the ML and community buildings, churches, temples, and synagogues will be removed. And lastly in the O district meeting facilities will not be permitted. Meeting facilities including events will not be permitted, community buildings are
being removed, and churches, temples, and synagogues are not permitted.
That concludes my presentation and the Planning Director’s current recommendation is that the Windward Planning Commission forward a favorable recommendation to the County Council. At this time, I can turn it back to the Chair.
DANIELE: Thank you so much for that presentation. Commissioners, do we have any questions for the Planning Department staff or Planning Director? FUKUSHIMA: Yes.
DANIELE: Yes, Commissioner Fukushima. FUKUSHIMA: So, respectfully, I would like to ask in the light of the proposed revision to our Zoning Code that aims to include secular activities under the term “meeting facility”. How
do you foresee the distinction between “meeting” and “event” impacting residential
neighborhoods. Specifically, what measures can we implement to ensure that the frequency and type of secular events do not disrupt the quality of life for the residents in proximity to the venues?
TIAPULA: So, to interject. We have had a disability, a ADA request to speak more
slowly. So, I would just ask all Commissioners and staff for this item to speak slowly. Thank you. DANIELE: Thank you. Would you like to restate that, please?
FUKUSHIMA: Surely. DANIELE: Thank you, Commissioner.
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FUKUSHIMA: So, in light of the proposed revision to our Zoning Code that aims to include secular activities under the term “meeting facility”. How do you foresee the distinction
between “meeting” and “event” impacting residential neighborhoods specifically, what measures
can we implement to ensure that the frequency and type of secular events do not disrupt the quality of life for residents living in proximity to these venues? DANIELE: Director?
DARROW: Thank you Chair. Thank you for the question. So, in the bill itself there is a differentiation between “event” and “meeting facility”. If events are proposed as defined in the code, they will require a Use Permit, correct?
CAMERO: In certain zoning districts.
DARROW: Correct, in the residential zoning district. That’s the particular. CAMERO: I want would like to correct that, “events” are not currently allowed within
the RS, RD, and the RM zoning districts.
DARROW: Without a Use Permit. CAMERO: We only allow it for “meeting facilities”.
DARROW: Okay. CAMERO: Not including “events”.
DARROW: Alright, so, you cannot even get a Use Permit for “events” in the RS
zoning. CAMERO: Correct.
DARROW: We ended up putting that in.
CAMERO: Yeah. DARROW: Okay, but what zonings would allow a Use Permit with “events”?
CAMERO: The RA, A, and FA would allow for the Use Permit for event. Meeting facilities including “events” as permitted by the Section 25-4-17 and then in the outright zoning districts they are —
DARROW: So, this would be RA, FA, and A would be a Use Permit if it is in the State
Land Use Urban or Rural or a Special Permit. I mean Urban or a Special Permit if it’s in the Rural or Agricultural district. Correct?
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CAMERO: Yes, you are correct.
DARROW: But, yeah, you know taking into account the effect of “events” within the
residential zonings I think we ended up not even allowing it as an option. So, if you’ll look at the different sections in the bill that we put you’ll see “meeting facilities” including “events” where there’s the possibility. When you look at the RS, RD, RM zonings we don’t even provide that as an option. I think the one of the concerns that has been brought up is when a use becomes
identified as a “meeting facility”, right. Typically in the Planning Department we have gotten
complaints when somebody has a big birthday party or they have a gathering for football game or they have a bible study and so we were trying to find balance as to where you know we don’t want everybody to have to come in to become a “meeting facility” to have a private party or a bible study or whatever it is. So, we had that that differentiation where it was twenty (20) up
more than twenty-five (25) people, more than two times a week. That’s where the differentiation
is. Correct? And so that’s spelled out in there. Once it goes beyond that then they should come into the Planning Department and submit a Plan Approval application and before this let me kind of back up a little so, I give you some history on what happened here.
So, a couple years ago, you know the Planning Department received a complaint or several
complaints regarding an activity in a residential zone of a particular use, a religious use that was occurring on a property. Our inspector did their investigation and concluded that “yes” there was this religious facility being operated in a residential zoning. In our Zoning Code currently it says to be able to operate a church, school, or church, synagogue, or temple in a residential zoning
you need a Use Permit, right. So, we issued a violation notice asking for them to cease and
desist or come in for a Use Permit. They attempted to try to do the Use Permit, but it was unsuccessful in terms of getting pass the submittal and everything. And so, after that we added up receiving this lawsuit saying that the Zoning Code was actually discriminatory and unconstitutional in the sense that you had other uses similar to churches, temples, and
synagogues such as a meeting facility and a community building that were being treated
differently than how these other uses were being treated. Meeting facilities were permitted, community buildings required Plan Approval but churches, temples, synagogues required a Use Permit.
So, in working with everyone involved, we’ve come to the point that we feel like everything,
we’ve brought everything under the same umbrella in the sense of “meeting facilities” are now going to be the term that we use to cover all these different types of uses, community buildings, religious institutions, and meeting facilities. It’s all coming under “meeting facility” and if they meet the requirement of being a “meeting facility” they would need to submit Plan Approval
which would have its process that’s done administratively. It doesn’t require a public hearing
and an approval from the Planning Commission as it did before. So, hopefully that will bring some context as to what we’re doing and trying to achieve through this amendment. Thank you. DANIELE: Thank you, Director.
PERRIN: I have a question. DANIELE: Yes, Vice Chair.
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PERRIN: Why the number 25? Cause just—
DARROW: Yeah.
PERRIN: —just my children and their spouses is twenty-seven (27). Sorry, but I had to ask.
DARROW: You know, it was I think it was through discussions it was more; it was
less, we kind of came to an agreement of 25. If you feel, I mean the Commission always has the ability to make recommendations to this. If you feel that that number is too small, you can request that it be increased but that was the number that we felt you know that’s kind of and again there’s no science behind it or anything.
PERRIN: Well, that number is more restricted in just more so the I guess the residential zones. The RS, RD is that where that would normally apply? Just saying cause, I mean Ag you’re normally on a larger plot so there’s a little bit more room for the give and take of the 25.
DARROW: It’s across the board, I mean it’s not applicable to a zoning district. It’s under the definition, right, it’s under that identification of when you’re not a meeting facility versus when you are.
DANIELE: Thank you. Commissioners, any other questions?
PERRIN: Um’ last question. DANIELE: Yes, Vice Chair.
PERRIN: Okay, all right I’m going to say this. Can the Planning Department explain why the proposed amendments eliminate the requirement for a public hearings or neighbor notifications in cases where a religious or secular meeting facility is introduced into a residential neighborhood.
DARROW: Thank you, Commissioner. So, I kind of touched upon it earlier and that was that we’re trying to come up with a process that is fair and similar across the board for all these types of activities community buildings, meeting facilities, churches, temples, synagogues, or religious institutions. The difficulty that we’re in this position in the first place is because we
treated one differently than the other and so this brings, it brings it in uniformity across the
board, okay. So, at the time in discussing with all parties involved, the agreement was to move forward with the Plan Approval process. That doesn’t mean that if that process were to change to a Use Permit process across the board that would mean that anytime a meeting facility is required it would require a Use Permit in all of this.
So, you’re just looking at uniformity. We weren’t looking at whether or not it should be this or this. In discussion with everyone involved we felt like this was the direction that we should go with because this was the agreed-upon process. Now again, everything is up to the Commission
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and the Council to approve or not approve this process. We’re recommending approval to move forward but again through this process that may change.
PERRIN: Last question, I hope, sorry. With the changing of this, was the RLUIPA taken into consideration that’s the religious land use and institutionalized persons act? DARROW: That was the whole purpose of this because of that discrimination within
our zoning code.
PERRIN: Thank you. DANIELE: Thank you, Commissioner. Thank you, Director. Are there any other
questions? Okay, if none. Staff are there any individuals present to provide in-person
testimony? JACKSON: Thank you, Chair Daniele. We have one in-person testifier, Claudia Rohr, if you could come to the testifier table, I can swear you in and Chair just give us a few moments
so that we can bring her laptop up to the table.
DANIELE: Sure. I think as we’re going to get set up, we’ll do a five-minute recess. We’ll come back at 10:05, thank you.
At 10:01 a.m. the Chair called a recess, and the hearing reconvened at 10:08 a.m.
DANIELE: Okay, YouTube is up? Thank you. We can swear in the testifier. JACKSON: Thank you Chair. Ms. Rohr, do you swear or affirm to tell the truth today
before the Windward Planning Commission? Okay.
DANIELE: And also, could you turn on your mic please. ROHR: Okay, I want to explain how this works. Now there’s an echo. I have to
turn this, now she can’t hear me. Hold on. Can you hear me now? Can you hear me? I don’t
have to hear. Okay, I want to explain how this works. I have a hearing disability, and someone’s typing what you say into a screen. If someone says something and then someone immediately says something behind it, it moves the script up and so I don’t have a chance to read it. So, if I go like this, it means pause, so I can read it. Thank you. I don’t need to hear to
answer her question because I read it, she asked me if I swore to tell the truth and I do.
DANIELE: Okay, please state your— ROHR: The system doesn’t really work; there’s an echo between the mic and this
and I can’t deal with that. At the same time, I can’t hear myself speak, so it’s a very odd
experience, please be patient as an accommodation for my hearing disability. Thank you. DANIELE: Thank you. Please state your name and the town you live in.
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ROHR: Go ahead. My name is Claudia Rohr, and I live in Hilo, Hawaiʻi down in Keaukaha.
DANIELE: Okay, you have three minutes for your testimony. ROHR: Thank you. Aloha Chair Daniele, Planning Commissioners and Director Jeff Darrow. The Director did not advertise any community meetings for the public to ask
questions. So today I’m going to ask him some questions. I gave you all a piece of paper that
I’m going to read from. The written communication is my preferred form of communication. As you are aware, at least, you should be aware, my next-door neighbor, Hui Hoʻoleimaluo advertises that they provide opportunities for STEAM (Science, Technology, Engineering, Art, and Math) skill building, place-based learning, and community engagement through the
maintenance and management of Loko iʻa ecosystems. On three contiguous parcels named
“Kaumaui”, in Keaukaha in the residential zone where on and off-street parking is a primary constraint. I provided you with photos of the parking on March 21st, this year for a Ohana Day that they held, and the first four pictures is of Nēnē Street, where I live. I got a call from my neighbor asking me what was going on because of the traffic jam on Nēnē Street. Then the next
page is when I went to, I called the Planning Department no one picked up the phone. So, I got
in my car and drove there and on my way, I had to exit Oeoe Street because it’s in the opposite direction and my other neighbor who has a vacation rental house had six (6) cars stacked in his driveway. One across it and then several on the street and there’s a photo of one backing out from a driveway of the vacation rental that he owns next door. And so, I did have to stop, so I
put my car in park and took enough photos to try to provide evidence of the event.
I, my questions are Director Darrow, will this proposed bill for a zoning ordinance in its present form allow Hui Hoʻoleimaluo —
JACKSON: You have thirty (30) seconds left.
ROHR: —community events, community gatherings and meetings for up to seventy-five (75) attendees, twice a week over three parcels, permitted as a right in the single-family zone under Section 25-4-17(c). A meeting facility only applies on building sites that had
gatherings more than two times per week with more than 25 attendees.
JACKSON: Your three minutes are finished. ROHR: Do I wait for him to answer or do I keep going.
DANIELE: Okay, thank you for your testimony. ROHR: No. How would the department’s zoning enforcement officers count heads [indecipherable crosstalk]
DANIELE: Your three minutes have expired. ROHR: Basically —
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DANIELE: Now we’re going on to—
ROHR: —heads is unenforceable. I provided photographs on the third page, I
believe of the [indecipherable] DANIELE: Okay, thank you.
ROHR: I’m supposed to read and testify at the same time? Well, I’d like a little
leeway here because it’s hard to read and testify, stop, listen to what you’re saying. May I please make my comment. I had; I addressed the question. DANIELE: We have your written statements, so. We have your written statements.
ROHR: Okay, but— DANIELE: Okay.
ROHR: What I have to say is that what Jeff said about a high strict compliance
with certain things like you must comply with the General Plan and zero and the new General Plan under State Law 46-2. This in the new General, the one you’re approving now is adopting Hawaiʻi Island Vision Zero Saving Lives with Safe Streets. So, this ordinance, proposed ordinance in its present form you can’t legally give it a favorable recommendation. Thank you.
DANIELE: Thank you for your testimony. Commissioners or Counsel do have any comments or questions? PERRIN: Question.
DANIELE: Vice Chair, you have a question? PERRIN: I do; I do. This is for the Planning Department. Why is a Use Permit still required for meeting facilities in agricultural zones but not in residential zones, where homes are
in closer proximity and impacts may be more immediate.
CAMERO: So, currently we went off of what the current requirements are for meeting facilities. So, if you look in the RS zoning district, meeting facilities are currently a permitted use. Whereas, in the agricultural districts they are not an outright permitted use, and they do
require a if I’m not mistaken a Special Permit. Whereas churches, temples, and synagogues
require a Use Permit or a Special Permit. So, therefore, we tried to follow as much as possible what was already in the Zoning Code and that’s how we came up with that. PERRIN: Then.
DANIELE: Okay, at this point in time, we are going to take a five-minute recess so we can help the testifier back to the audience.
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At 10:18 a.m. the Chair called a recess, and the hearing reconvened at 10:19 a.m.
DANIELE: Okay, we are going to resume our meeting. Vice Chair, you had a
question? Thank you. PERRIN: Yes, I had a question. Yes, okay. Sorry I’m just trying to make sure I word it correctly. How does the County plans to enforce the 25 attendees, two times per week
rule.
DARROW: Similar to how we be able to investigate any other complaint. I mean it’s not going to be easy. We receive complaints that say this house is not being used as a single-family dwelling because there are fifteen (15) people that are unrelated living in the house, right.
So, we, our Zoning Code says you can have a single-family up to five (5) unrelated people living
in a single-family dwelling. So, our inspector will go out and do their investigation to see if that’s valid or not valid. It would have to be the same in this particular case. It’s going to be they’ll be looking at it from number one the amount of people, number two the amount of occurrences. If this is happening on a daily basis regardless of the amount of people, it’s going
beyond the two times a week, right. If it’s—
PERRIN: Just to restate the two instances that were brought today are going to go under your folk’s radar for investigation.
DARROW: They already are.
PERRIN: Oh, okay. DARROW: That’s a separate matter. We been working on that for some time now.
It’s really not related to this but again it could in the future, and I think that’s what the testifier’s
concern is, but it is premature in the sense we really don’t know what the end result of this bill will be. So, we can’t really answer to what the future will be in regards to “meeting facilities” at this time.
PERRIN: Thank you.
DANIELE: Thank you, Vice Chair and Director. Do we have any other testifiers, Zoom?
JACKSON: We have no more in-person testifiers, Chair and I’m not sure about Zoom.
DANIELE: Okay. KALA: Aloha, Chair, we do not have any testifiers on Zoom.
DANIELE: Okay, thank you. DARROW: Chair.
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DANIELE: Yes, Director.
DARROW: Sorry about that. Earlier there was a comment made by Vice Chair Perrin
regarding family and I think that’s a valid concern. Some families in Hawaiʻi are quite large. So, the issue what I think we can do in that particular case if the Commission is open to it is considering putting in something to the term “exclusive of family members” to that number 25. If that is a concern. It’s hard because we want to make sure that people will not utilize that as a
means of a loop hole or something in the sense that they’ll hold large wedding events. We feel
comfortable about it because “events” is pretty defined and if we start having those types of events and even if it’s family or not family it really. But normally those types of events will be like if it’s a family wedding, it would be once, it’s not going be like once a week or you know what I mean. But it’s something to consider. Thank you.
FUKUSHIMA: May I? DANIELE: Yes, Commissioner.
FUKUSHIMA: I’d like to add to what you said. I like the distinction. I think as
Hawaiians, local people, we love to have gatherings, we enjoy our family events, we have large families, and I think a lot of people don’t even realize that having a large event or so called now that we have language for it and making the distinction. I think most people, I know about my neighborhood they have parties several times a year, large, and I don’t think that people are as
conscience of the fact perhaps they have to apply for some sort of a permit and so I do like the
distinction, and I am in favor of that. I like the family piece added to that. I like the family piece added to that as a consideration because I think culturally that aligns with who we are. Thank you.
DANIELE: Thank you, Commissioner. Director?
DARROW: Thank you. Yeah, that’s an important point that want to drive home here is that this not intended to create a restriction against family events. Culturally that is something that occurs on a regular basis, it’s not to the point that it’s every other day or five days a week or
even, it’s on a regular basis but that’s again family. And so, the point is that’s the intent of this
bill, but we want to also make sure that isn’t something that’s going to be detrimented by this bill going forward. Thank you. DANIELE: Thank you. If there are no more questions, there are no more questions,
can I ask for a motion for action? Yes, Commissioner.
PERRIN: I was going to ask for an executive, sorry, executive session. Okay. I move that the Commission enter into executive session to consult with its attorney regarding questions and issues pertaining to the Commission’s powers, duties, and privileges.
DANIELE: Do I have a second on that? BALOG: Second.
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DANIELE: Okay, all in favor?
COMMISSIONERS: Aye.
DANIELE: Okay, we’re going to break for the executive session. At 10:26 a.m. the Chair and the Commission went into executive session and the hearing
reconvened at 10:49 a.m.
DANIELE: We are going to resume today’s meeting. Commissioners, we’re going to start the meeting. Thank you. Is the YouTube up? Great, thank you. Okay, welcome back. We had this break, we had some technical difficulties and those have been overcome, and we are
going to continue today’s meeting. We left off with is there a motion for action?
PERRIN: I move that a favorable recommendation be forwarded to the County Council on the proposed amendments to Chapter 25, Zoning, Article 1, Article 2, Article 4, Article 5, and Article 7 of the Hawaiʻi County Code, 2016 Edition, as amended, Docket Number
PL-PDI-2025-000014 based on the Planning Director’s recommendations including the language
referenced today “exclusive of family members.” DANIELE: Thank you. Do I have a second?
FUKUSHIMA: Second.
DANIELE: Is there any discussion or comments? Okay, so it was moved by Vice Chair Perrin and seconded by Commissioner Fukushima. If there is no discussion or comments, we will move on to roll call from staff.
CAMERO: Thank you Chair. So right now, the motion is to forward a favorable recommendation to the County Council with the proposed amendments in Section 8 of the bill proposed to the new Section 25-4-17 on “meeting facilities”. The amendment will be to letter “c”, and it will read “A meeting facility only applies to on building sites that have gatherings
more than two times per week with more than 25 attendees exclusive of family members.”
Okay. Vice Chair Perrin? PERRIN: Aye.
CAMERO: Commissioner Fukushima?
FUKUSHIMA: Aye. CAMERO: Commissioner Balog?
BALOG: Aye. CAMERO: Commissioner De Luz?
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DE LUZ: Aye.
CAMERO: And Chair Daniele?
DANIELE: Aye. CAMERO: The motion carries five (5) to zero (0) with Commissioner Takaki excused
and absent. Thank you.
DANIELE: Great, thank you and the Commission will forward its recommendation to the County Council in writing.
The item ended at 10:52 p.m.
Respectfully submitted,
Melissa Dacayanan-Salvador, Secretary Windward Planning Commission
Melissa Dacayanan-Salvador (Jun 10, 2025 14:59 HST)
Melissa Dacayanan-Salvador